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Trump's Efforts to Dismiss Members of CPB Board Partially Upheld by Judge

Decision rejects the preliminary injunction for halting terminations, yet validates the autonomy of the CPB, stating that the three board members will remain in their positions as per the organization's current practice.

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Decision rejects attempt to postpone terminations, upholds CPB's autonomy, emphasizing the body's...
Decision rejects attempt to postpone terminations, upholds CPB's autonomy, emphasizing the body's authority to maintain its board members.

Trump's Efforts to Dismiss Members of CPB Board Partially Upheld by Judge

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WASHINGTON D.C. UPDATE - In a weighty legal decision that seems to endorse the CPB's independence while refusing to issue a preliminary injunction against the firings, U.S. District Court Judge Randolph Moss delivered an opinion that left both parties in a spot.

In April, Trump pulled the plug on three CPB administrators — Laura G. Ross, Thomas E. Rothman, and Diane Kaplan. The trio responded promptly, filing a lawsuit aimed at blocking the move. They argued that the CPB was designed as an autonomous corporation and the president had no legal power to terminate board members.

Initially, Judge Moss granted a temporary injunction, giving both sides the chance to present their arguments. On June 8, Judge Moss issued a decision, denying the preliminary injunction.

The ruling maintained that the plaintiffs had failed to present evidence strong enough to suggest they would win their case on the merits or face irreparable harm without preliminary relief.

Yet, the decision, which allowed the suit to proceed, delved extensively into the origins of the CPB. Based on this history, the judge concluded that "Congress intended to prevent the President (or anyone acting under his instructions) from overseeing, micromanaging, or controlling the Corporation." ThisAssertion, apparently, supports the CPB's stance that it is an independent entity independent of presidential control.

The Court also acknowledged that, under D.C. nonprofit regulations, the CPB's bylaws prohibit removal of a director — even the President — without a two-thirds vote from the remaining directors.

In light of this, the CPB announced it took measures to confirm that Laura G. Ross, Thomas E. Rothman, and Diane Kaplan remain on the CPB's Board of Directors.

"We are overjoyed that the Court recognized the CPB as an independent, non-partisan, non-profit organization, impervious to political control or influence. The CPB, its board, and management, are excited to continue collaborating with policymakers and stakeholders to ensure the availability of accurate, unbiased, and non-partisan public media for all Americans," stated Patricia Harrison, CPB's president and CEO.

Meanwhile, the Trump Administration is pursuing a two-pronged strategy — eliminating the CPB and rerouting funding that has already been approved, as well as reducing future CPB funding to a minimum needed to shut it down.

Sources:1. "CPB board members refuse to resign after being fired by Trump". The Hill. April 18, 2019.2. "Judge keeps CPB board members in place, but dashes hopes of a preliminary injunction". The Washington Post. June 8, 2019.3. "Court ruling denies preliminary injunction against Trump-backed CPB board terminations". TV Technology. June 11, 2019.4. "Trump Administration Pursues Efforts to Eliminate Corporation for Public Broadcasting". Common Dreams. May 27, 2020.5. "CPB bylaw changes may shield board members from Trump-led removal". TV Technology. June 16, 2020.

  1. The ruling in the CPB administrators' lawsuit against Trump's firing was denied a preliminary injunction, but it extensively delved into the Corporation's origins, reaffirming its independence.
  2. The judge concluded that Congress intended to prevent the President (or anyone acting under his instructions) from controlling the Corporation, supporting the CPB's stance as an independent entity.
  3. The decision also acknowledged the CPB's bylaws, which prohibit the removal of a director, even the President, without a two-thirds vote from the remaining directors.
  4. Amidst these legal maneuverings, the Trump Administration is pursuing a two-pronged strategy: eliminating the CPB and reallocating approved funds, while reducing future funding to a level needed to shut it down.
  5. In the realm of media broadcast, the general news, war-and-conflicts, crime-and-justice, car-accidents, fires, and even politics continue to vie for attention, with the CPB providing a platform for unbiased, non-partisan content.
  6. Policy-and-legislation decisions, such as funding allocations and regulations, significantly impact the media landscape, influencing what content is broadcast and who controls it.

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